Copyrights 2
Trademark
Pay Me for Me
Mixed Up
Mixed up 2
300

Which one of these is not protected by copyright?

Art

Box Design

Game title

Story

Game Title

300

What is a penalty for trademark infringement?

injunction, recall or removal of items, Monetary Damages, possible personal liability. 

300

What is the right of publicity, and how does it differ from a privacy claim?

The right of publicity allows individuals to control and exploit the commercial use of their name, likeness, image, or persona, whereas a privacy claim typically involves protecting against unwanted intrusions into one’s personal life.

300

Sony, Microsoft, Nintendo

who are the key players in the console gaming

300

What legal concept allows developers to prevent the unauthorized copying of source code in video games?

  • What is copyright protection?

500

What part of the constitution codifies Copyright and Patent protections?

Article 1, Section 8, Clause 8

500

Explain the Rogers v. Grimaldi test and how it applies to the use of trademarks in video games or other expressive works.

The Rogers test balances trademark law with First Amendment rights. It allows the use of a trademark in expressive works, like video games, if (1) the use has artistic relevance to the underlying work and (2) it does not explicitly mislead consumers about the source or content of the work. This test is often applied in cases where game titles or character names resemble real-world trademarks but are used creatively rather than commercially.

500

In which case did the court hold that using a robot resembling a celebrity's persona in an advertisement could violate the right of publicity, even though the celebrity's actual likeness wasn't used?

What is Vanna White v. Samsung Electronics?

500

Tencent, Supercell, King

Key players in Mobile Gaming

500

What is the significance of work-for-hire agreements in video game development?

  • Work-for-hire agreements ensure that the employer, not the individual developer, owns the IP created during employment.

700

In what way does the scènes à faire doctrine limit copyright protection in video games

The scènes à faire doctrine denies copyright protection to elements that are standard, stock, or common to a particular genre because they are dictated by the nature of the work itself.Elements like spaceships and laser guns were considered scènes à faire since they were inevitable within the genre.

700

What would you call unfair competition in the trademark space for the UK

passing off

700

Explain the transformative use test and its application in rights of publicity cases involving video games.

The transformative use test assesses whether a work sufficiently transforms a celebrity’s likeness into something more than a mere imitation. If the use is sufficiently transformative, it may be protected by the First Amendment. In video games, courts examine whether the likeness adds expressive content or serves purely commercial purposes,

700

Free-to Play, Subscription Services, In- game Advertising?

What are monetization models?

700

What legal document must game developers typically sign when distributing their games through platforms like Steam or PlayStation Network?

What is an end-user license agreement (EULA) or a distribution agreement?

900

Explain the abstraction-filtration-comparison test in copyright law. How is this test applied to determine copyright infringement in video games?

he abstraction-filtration-comparison test is used to determine whether two works are substantially similar in their protectable elements. The test is broken down into three steps:

  1. Abstraction: The court separates the work into different layers of abstraction, ranging from the most general ideas (e.g., the basic gameplay concept) to the specific expression (e.g., the game’s code, graphics, and music).
  2. Filtration: The court filters out the unprotectable elements, such as ideas, methods of operation, scènes à faire (elements common to the genre), and any material taken from the public domain.
  3. Comparison: The court compares the remaining protectable elements to see if substantial similarity exists between the works.
900

E.S.S Entertainment 2000 v. Rock Star Videos, Inc., What did the court find using the Rogers Test?

The club was only in the background and found that the threshold for artistic relevance only needs to be more than zero which the creation of the LA atmosphere met

900

How did the court rule in the Lohan v. Take-Two Interactive case concerning the Grand Theft Auto V character allegedly based on Lindsay Lohan?

The court rejected Lohan’s claim, ruling that video game characters do not fall under New York’s right of publicity statute for advertising or trade.

900

Google Stadia, NVIDIA GeForce, Microsoft xCloud

Cloud gaming

900

What is the primary international treaty governing copyright protections across multiple countries?

What is the Berne Convention for the Protection of Literary and Artistic Works?

1200

Under the Digital Millennium Copyright Act (DMCA), what kind of protection is provided to online game platforms against copyright infringement claims from third-party content?

What can the host do if the content is infringing?

What is safe harbor protection under Section 512?

Takedown.

1200

What is the Risk Analysis for using a trademark in a game? 

•Is any TM used in the title of the game or within the game or in marketing/publicity materials not owned by Developer?

•If yes, have rights been obtained?

•If no, has the mark been changed or modified?

•Would it cause consumer confusion?

•What is the purpose it serves in the work?

1200

How do post-mortem rights of publicity differ across states like California, Tennessee, and New York?

California recognizes post-mortem rights for up to 70 years, Tennessee for perpetuity, while New York only recently adopted post-mortem rights, limited to individuals who died after May 2021.

1200

Valve, Sony, Microsoft, Nintendo

First Party

1200

How did the court rule in the Lohan v. Take-Two Interactive case concerning the Grand Theft Auto V character allegedly based on Lindsay Lohan?

The court rejected Lohan’s claim, ruling that video game characters do not fall under New York’s right of publicity statute for advertising or trade.